OLD SOLDIERS' CLAIMS.

Dominion, Volume 3, Issue 667, 18 November 1909, Page 8

OLD SOLDIERS' CLAIMS.

Sir,—l see that the question of'old soldiers' land claims-has again been referred to in Parliament, ■' aud. has elicited opinions favourable to a fair and jnst settlement from members of. the Ministry, and also from the Loader of the .Opposition. May I'therefore ask-you to grant nie, space in your columns to put the matter fairly, aud squarely before. honourable moinbsrs. Firstly, let it be granted-as a postulate that "an Act once' repealed, by tho 'Legislature "ceases' to possess legislative functions from the date of its repeal." (This must be' granted.) ' ~ -■• ■

Prior to 1865 there was an Act in force: I think the' title was "Auckland Waste Lands Act,-1858. This Act contained a clause granting land to military Settlers of H.M. Army and Navy. The repeal of this Act was not known to thoso of the army who left the service when their regiments wero ordered Home, or to those in England who left to settle in New Zealand, hence: many, found themselves "out< of court" and helpless' when they made their claims for land. To rectify this injustice I had inserted Clause 64 Auckland 'Waste Land Act-(1867 or 1868), the first part of which runs: "It shall be-lawful for the etc., etc." Now, this clause is the only legislation bearing on-the-claims of the naval and military - settlers from H.M. Service. This' clause was submitted to me by Mr. Williamson, M.H.R., then euperintendent of the Province, of Auckland. I-- unfortunately quite overlooked -the fact that the words "and obligatory" should have been introduced after tho word "lawful." As the clause stands, its plain and dear English- expresses the' wish of the ■ then Legislature ""to act honourably to those in a'somewhat, unfortunate position. There,is no mention in, this Clauso 64 of. any power to reoriact the provisions of the Act of 1858 before ■repealed.. Yet this. monstrous injustice has been done, and, been the 'means of hanging up hundreds of claims and causing many hardships.. Any method,''however'contemptible, is used to cause 'delay." Commissioner Gudgeon .refused to accept the,fact* of 'my' name'' being I-in, tho army list" as'proof of'ray having- been an officer. ■ I had to write to; the Horse Guards' !«■■ obtain.,'avcertificate tovthat'' effect.' ; Again this same gentleman,\ : who T seo is. petitioning Parliament for a large sum of money, pointedout, to*,me ,that;,,Clause':64 was in ,no' way binding on;^the v „Goverriment—it' might be" lawful, .bnL :it--»!aS-,BPL ,flWigabri.; t J^tinstvho;-.'inay

should bo satisfied. If the of the Opposition would confer' with', the Prime Minister, I am sure a just and happy ending of a long-put-off settlement would ;take'place. No more commissions are necessary. '■/ Introduce tho words "and' obligatory" after the words "bo lawful," and the whole matter"is settled; if dead Acts are not revivified... This letter ,is,written' without the means of reference to. the statutes, so I trust hon. members will if necessary kindly refer to tho Acts I have ; drawn attention to. I especially appeal to. tho member for the Hutt, Mr. T. M. Wilford, who interviewed the late Premier on'the matter.- 1 I am, etc., '■'•■■ JAMES C. K.ISHERWOOD. ! Xyttelton, November.!!. ,